Ware

Ware v. Dunn

Good Law
1947 Cal. App. LEXIS 1415·80 Cal. App. 2d 936·183 P.2d 128
Court of Appeal of CaliforniaJuly 22, 1947Civ. 15698California3,178 words

Opinion

Opinion

White, J.

Plaintiffs, who are husband and wife, instituted this action by the filing of a complaint titled “Complaint for Damages for Assault and False Imprisonment.” Named as defendants are Howard F. Dunn and Charles C. Sullans, police officers of the city of Long Beach, Walter Lentz, as Chief of Police of said city, Orville F. Whittlesey, Inspector of the Vice Squad Detail of the police department of said city, Pacific Fidelity Owners, Ltd., a corporation, and J. A. Crane, as owners of the Schuyler Hotel, and Frank Mee, as night clerk of said hotel. The action is predicated upon the entry by defendant police officers, Dunn and Sullans, into the room in the Schuyler Hotel in which plaintiffs were guests, at a late hour of night, questioning plaintiffs, and requiring identification from them. The damages claimed to have been suffered resulted from shock, humiliation and embarrassment allegedly suffered by plaintiffs. Punitive damages also were prayed for. No claim is advanced that any physical force or violence was used upon the person of either plaintiff.

At the conclusion of plaintiffs’ case, on their motion, 'the action was dismissed as to defendant Chief of Police Walter Lentz. As to…

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